City Council Meeting

MINUTES City Council Meeting Tuesday, January 21, 2025, at 6:00 PM Carnegie Town Hall, 235 West 10th St., Sioux Falls, South Dakota 57104 CALL TO ORDER Mayor TenHaken recognized Scout Troop 152 at this time. 1. MEETING ROLL CALL Present: Council Member David Barranco, Council Member Miranda Basye, Council Member Sarah Cole, Council Member Rich Merkouris, Council Member Ryan Spellerberg, Council Member Richard L. Thomason, Mayor Paul TenHaken Absent: Council Member Jennifer Sigette, Council Member Curt Soehl 2. INVOCATION • Allan Saugstad, M. Div., Minister, All Souls Unitarian Universalist Church 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A motion was made by Council Member Merkouris and seconded by Council Member Cole to approve the Consent Agenda. Roll call vote to approve. 6 Yes: Barranco, Basye, Cole, Merkouris, Spellerberg, Thomason; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES • Informational Meeting of Tuesday, January 14, 2025 • City Council Meeting of Tuesday, January 14, 2025 COMMUNICATIONS 6. Approval of contracts/agreements over $100K on the memorandum dated January 17, 2025. 7. Approval of a request pursuant to SDCL 35-1-5.5 from Anne Sullivan Elementary to consume, but not sell, alcoholic beverages at the Mary Jo Wegner Arboretum, 1900 S. Perry Pl., on March 11, 2025. APPLICATIONS 8. Renewal of 2025 Retail Wine License for M.B. Haskett, 324 South Phillips Avenue. 9. Special One-Day Liquor Licenses for T Slat Inc., to be operated at Augustana University, 2001 South Summit Avenue, for sporting events on January 24, 25, 31 and February 1, 2025. NOTICE OF HEARINGS 10. Set a date of hearing for Monday, February 3, 2025. New 2025 Retail Wine License and New 2024-25 Retail Malt Beverage License for Towneplace Suites by Marriott, 4545 West Homefield Drive. 11. Set a date of hearing for Monday, February 3, 2025. New 2025 Retail Wine License and New 2024-25 Retail Malt Beverage License for Econolodge North – Airport, 5100 North Cliff Avenue. 12. Set a date of hearing for Monday, February 3, 2025. New 2024-25 Retail Malt Beverage License for Puerto Vallarta Restaurant, 1801 East 10th Street. 13. Set a date of hearing for Monday, February 3, 2025. Transfer of 2025 Retail Liquor License from Papa Woody’s Wood Fired Pizza Inc., 775 North Phillips Avenue, to CR Lloyd Associates Inc., 775 North Phillips Avenue. 14. Set a date of hearing for Monday, February 3, 2025. Transfer of 2024-25 Retail Malt Beverage License from Jon Faulds Shell, 1301 South Minnesota Avenue, to Freedom Siouxfalls LLC, 1301 South Minnesota Avenue. 15. Set a date of hearing for Monday, February 3, 2025. Transfer of 2024-25 Retail Malt Beverage License, including video lottery placement, from Ace Capital LLC, 2310 West 41st Street, Suite 101, to OTB LLC, 2310 South Marion Road, Suite 110. 16. Set a date of hearing for Monday, February 3, 2025. Transfer of 2024-25 Retail Malt Beverage License, including video lottery placement, from MG Oil Company, 4701 East Arrowhead Parkway, Suite 100, to Ace Capital LLC, 2310 West 41st Street, Suite 101. 17. Set a date of hearing for Tuesday, February 11, 2025. A RESOLUTION OF INTENT TO ENTER INTO A LEASE OF MUNICIPAL REAL PROPERTY Sponsor: Mayor REGULAR AGENDA 18. APPROVAL OF THE REGULAR AGENDA  A motion was made by Council Member Spellerberg and seconded by Council Member Cole to approve the Regular Agenda. A motion was made by Council Member Merkouris and seconded by Council Member Cole to amend by moving Item 31 immediately after Item 24. Roll call vote to amend. 6 Yes: Barranco, Basye, Cole, Merkouris, Spellerberg, Thomason; 0 No: (None). Motion Passed. Roll call vote to approve, as amended. 6 Yes: Barranco, Basye, Cole, Merkouris, Spellerberg, Thomason; 0 No: (None). Motion Passed. UNFINISHED BUSINESS 19. New 2025 Retail Wine License for Go Green Pub, 4930 North Cliff Avenue. 20. New 2025 Retail Wine License for Paradise Casino II, 1821 West 12th Street, Suite D. 21. New 2025 Retail Wine License for Crown West Casino 3, 4805 West 12th Street, Suite 3. 22. Transfer of 2024-25 Retail Malt Beverage License, with video lottery placement, from Jackson’s Casino, 825 South Minnesota Avenue, to Commonwealth Gaming, 319 North West Avenue. 23. Special One-Day Off-Sale Wine License for American Heart Association to be operated at 1201 North West Avenue, for a fundraiser on January 31, 2025. A motion was made by Council Member Cole and seconded by Council Member Thomason to approve Items 19 through 23. Roll call vote to approve. 6 Yes: Barranco, Basye, Cole, Merkouris, Spellerberg, Thomason; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 24. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 4801 AND 4901 E. GRANT ST. FROM THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO THE C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT, NO. 020441-2024, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends denial (0-4). Private Applicant(s): Jeff DeYoung A motion was made by Council Member Spellerberg and seconded by Council Member Cole to adopt Ordinance No. 02-25.  A motion was made by Council Member Merkouris and seconded by Council Member Basye to amend, by adding a requirement of “agreed upon wood fence privacy fence in the buffer yard”. Roll call vote to amend. 6 Yes: Barranco, Basye, Cole, Merkouris, Spellerberg, Thomason; 0 No: (None). Motion Passed. Roll call vote to adopt, as amended. 6 Yes: Barranco, Basye, Cole, Merkouris, Spellerberg, Thomason; 0 No: (None). Motion Passed. Item 31 was heard at this time. See item for action taken. 25. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE MAYOR TO ENTER INTO A CONDITIONAL GIFTING AND NAMING AGREEMENT FOR FUTURE CASH GIFTS FOR THE EXPANSION OF THE LEVITT SHELL SIOUX FALLS LOCATED IN FALLS PARK. Sponsor: Mayor Councilor Thomason recused himself at this time. A motion was made by Council Member Basye and seconded by Council Member Spellerberg to adopt Ordinance No. 03-25. Roll call vote to adopt. 5 Yes: Barranco, Basye, Cole, Merkouris, Spellerberg; 0 No: (None). Motion Passed. Thomason was excused from the meeting and the vote on this item pursuant to City Ordinance 30.017. 26. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING A SUPPLEMENTAL APPROPRIATION TO EXPAND INTERNATIONAL TRADE OPPORTUNITIES FOR SOUTH DAKOTA BUSINESSES. Sponsors: Council Members Barranco and Thomason A motion was made by Council Member Thomason and seconded by Council Member Spellerberg to adopt Ordinance No. 04-25. Roll call vote to adopt. 6 Yes: Barranco, Basye, Cole, Merkouris, Spellerberg, Thomason; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 27. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF E. BISON TRL. AND EAST OF S. SOUTHEASTERN AVE. FROM THE O OFFICE DISTRICT TO THE C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT, NO. 020490-2024, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Private Applicant(s): Ehrhart Griffin & Associates – Damian Greble  A motion was made by Council Member Basye and seconded by Council Member Merkouris to set a date of 2nd Reading for Monday, February 3, 2025 for Item 27. Roll call vote to set a date of 2nd Reading. 5 Yes: Basye, Cole, Merkouris, Spellerberg, Thomason; 0 No: (None). Motion Passed. Barranco was not present for the vote on this motion. 28. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF E. 18TH ST. AND WEST OF S. HIGHLINE AVE. FROM THE C-3 COMMERCIAL—COMMUNITY DISTRICT TO THE RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY DISTRICT, NO. 020500-2024, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Private Applicant(s): Inland Group – John Fisher A motion was made by Council Member Basye and seconded by Council Member Spellerberg to set a date of 2nd Reading for Monday, February 3, 2025 for Item 28. Roll call vote to set a date of 2nd Reading. 5 Yes: Barranco, Basye, Cole, Merkouris, Spellerberg; 0 No: (None). Motion Passed. Thomason was not present for the vote on this motion. 29. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF E. 57TH AND WEST OF VETERANS PKWY. FROM THE LW LIVE-WORK DISTRICT TO THE RT-2 TOWNHOME RESIDENTIAL— TRADITIONAL DISTRICT, NO. 020535-2024, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Private Applicant(s): 5711, LLC – Brady Hyde A motion was made by Council Member Basye and seconded by Council Member Cole to set a date of 2nd Reading for Monday, February 3, 2025 for Item 29. Roll call vote to set a date of 2nd Reading. 6 Yes: Barranco, Basye, Cole, Merkouris, Spellerberg, Thomason; 0 No: (None). Motion Passed. 30. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED EAST OF I-29 AND SOUTH OF W. 12TH ST. FROM THE I-1 LIGHT INDUSTRIAL DISTRICT TO THE RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY DISTRICT, NO. 020540-2024, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-1). Private Applicant(s): BRD Sioux Falls, LLP – Riley McLaughlin A motion was made by Council Member Spellerberg and seconded by Council Member Cole to set a date of 2nd Reading for Monday, February 3, 2025 for Item 30. Roll call vote to set a date of 2nd Reading. 6 Yes: Barranco, Basye, Cole, Merkouris, Spellerberg, Thomason; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 31. A RESOLUTION DECLARING THE NECESSITY TO GRADE, GRAVEL, CONSTRUCT CURB AND GUTTER, ASPHALT SURFACING, SANITARY SEWER, STORM SEWER, WATER MAIN AND STREETLIGHTS ON E. GRANT ST., AND ASSESSING THE COST TO EACH LOT OR TRACT OF LAND BENEFITING THEREBY. Sponsor: Mayor A motion was made by Council Member Spellerberg and seconded by Council Member Merkouris to adopt Item 31. A motion was made by Council Member Merkouris and seconded by Council Member Thomason to defer Item 31 to the February 3, 2025 Council Meeting. Roll call vote to defer. 6 Yes: Barranco, Basye, Cole, Merkouris, Spellerberg, Thomason; 0 No: (None). Motion Passed. 32. A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONDITIONAL GIFTING AGREEMENT WITH THE SIOUX FALLS AREA COMMUNITY FOUNDATION FOR THE REDEVELOPMENT OF A PORTION OF THE BIG SIOUX TRAIL CORRIDOR Sponsor: Mayor A motion was made by Council Member Basye and seconded by Council Member Spellerberg to adopt Resolution No. 08-25. Roll call vote to adopt. 6 Yes: Barranco, Basye, Cole, Merkouris, Spellerberg, Thomason; 0 No: (None). Motion Passed. RESOLUTION NO. 08-25 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONDITIONAL GIFTING AGREEMENT WITH THE SIOUX FALLS AREA COMMUNITY FOUNDATION FOR THE REDEVELOPMENT OF A PORTION OF THE BIG SIOUX TRAIL CORRIDOR. WHEREAS, the City has put in its Capital Improvement Plan the “Bike to the Bear” trail development plan. This development includes the construction of a portion of the Big Sioux Trail Corridor; and WHEREAS, the Sioux Falls Area Community Foundation (the “Foundation”) on behalf of Gene Ashby and Tammie and Jeff Broins, desires to gift the City a cash gift for the construction of the next phase of the Big Sioux Trail Corridor; and WHEREAS, the Sioux Falls Parks and Recreation Board considered the proposed “A Conditional Gifting Agreement for the Redevelopment of a Portion of the Big Sioux Trail Corridor” and unanimously recommended city council approval;  NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. That the document attached to and made part of this resolution entitled “A Conditional Gifting Agreement for the Redevelopment of a Portion of the Big Sioux Trail Corridor” is hereby approved. Section 2. That the Mayor is authorized to sign “A Conditional Gifting Agreement for the Redevelopment of a Portion of the Big Sioux Trail Corridor” after it is ratified and executed by the Foundation. Section 3. That the City shall publish this resolution, without attachments, after its passage. The attachments are on file and available for inspection in the office of the City Clerk. Date adopted: 1/21/25 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 33. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO VARIOUS CITIZEN BOARDS Sponsor: Mayor A motion was made by Council Member Basye and seconded by Council Member Merkouris to adopt Resolution 09-25. Roll call vote to adopt. 6 Yes: Barranco, Basye, Cole, Merkouris, Spellerberg, Thomason; 0 No: (None). Motion Passed. RESOLUTION NO. 09-25 A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it gives its advice and consent to the following Mayoral appointments: Name Board Term Murat Sincan Falls Community Health Center Appointed for a term from February Governing Board 2025 to February 2028 (replacing Bill Earley). Date adopted: 1/21/25 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk NEW BUSINESS GENERAL PUBLIC INPUT There was public comment given on not receving any responses to complaints submitted to the South Dakota Human Rights Commission and Sioux Falls Human Rights Relations Commission in June/July 2024. ADJOURNMENT A motion was made by Council Member Basye and seconded by Council Member Merkouris to adjourn the meeting at 8:08 p.m. Voice vote to adjourn. 6 Yes: Barranco, Basye, Cole, Merkouris, Spellerberg, Thomason; 0 No: (None). Motion Passed. Jermery J. Washington, City Clerk